119-s2522

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2522 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2522

To amend title 18, United States Code, to regulate the use of cell-site 
 simulators, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 July 29, 2025

 Mr. Wyden (for himself and Mr. Daines) introduced the following bill; 
 which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

To amend title 18, United States Code, to regulate the use of cell-site 
 simulators, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Cell-Site Simulator Warrant Act of 
2025''.

SEC. 2. PROHIBITION ON CELL-SITE SIMULATOR USE.

    (a) Prohibition.--Chapter 205 of title 18, United States Code, is 
amended by adding at the end the following:
``

Sec. 3119. Cell-site simulators
 ``

    (a) Prohibition of Use.--
 ``

    (1) In general.--Except as provided in subsection
            (d) , it 
 shall be unlawful--
 ``
        (A) for any individual or entity to knowingly use 
 a cell-site simulator in the United States; or
 ``
        (B) for an element of the intelligence community 
 to use a cell-site simulator outside the United States 
 if the subject of the surveillance is a United States 
 person.
 ``

    (2) Rule of construction.--Nothing in paragraph

    (1) shall 
 be construed to authorize a law enforcement agency of a 
 governmental entity to use a cell-site simulator outside the 
 United States.
 ``

    (b) Penalty.--Any individual or entity that violates subsection

    (a)

    (1) shall be fined not more than $250,000.
 ``
            (c) Prohibition of Use as Evidence.--
 ``

    (1) In general.--Except as provided in paragraph

    (2) , no 
 information acquired through the use of a cell-site simulator 
 in violation of subsection

    (a)

    (1) , and no evidence derived 
 therefrom, may be received in evidence in any trial, hearing, 
 or other proceeding in or before any court, grand jury, 
 department, officer, agency, regulatory body, legislative 
 committee, or other authority of the United States, a State, or 
 a political subdivision thereof.
 ``

    (2) Exception for enforcement.--Information acquired 
 through the use of a cell-site simulator in violation of 
 subsection

    (a)

    (1) by a person, and evidence derived therefrom, 
 may be received in evidence in any trial, hearing, or other 
 proceeding described in paragraph

    (1) of this subsection 
 relating to the alleged violation of subsection

    (a)

    (1) in 
 connection with such use.
 ``
            (d) Exceptions.--
 ``

    (1) In general.--
 ``
        (A) Warrant.--
 ``
            (i) In general.--Subsection

    (a)

    (1) shall 
 not apply to the use of a cell-site simulator 
 by a law enforcement agency of a governmental 
 entity under a warrant issued--
 ``
            (I) in accordance with this 
 subparagraph; and
 ``
            (II) using the procedures 
 described in, and in accordance with 
 the requirements for executing and 
 returning a warrant under, the Federal 
 Rules of Criminal Procedure (or, in the 
 case of a State court, issued using 
 State warrant and execution and return 
 procedures and, in the case of a court-
 martial or other proceeding under 
 chapter 47 of title 10 (the Uniform 
 Code of Military Justice), issued under 
 

section 846 of that title and in 
 accordance with the requirements for 
 executing and returning such a warrant, 
 in accordance with regulations 
 prescribed by the President) by a court 
 of competent jurisdiction.
 ``
            (ii) Requirements.--A court may issue a 
 warrant described in clause
            (i) (except, with 
 respect to a State court, to the extent use of 
 a cell-site simulator by a law enforcement 
 agency of a governmental entity is prohibited 
 by the law of the State) only if the law 
 enforcement agency--
 ``
            (I) demonstrates that other 
 investigative procedures, including 
 electronic location tracking methods 
 that solely collect records of the 
 investigative target--
 ``

    (aa) have been tried and 
 have failed; or
 ``

    (bb) reasonably appear to 
 be--

 ``

    (AA) unlikely to 
 succeed if tried; or

 ``

    (BB) too 
 dangerous;

 ``
            (II) specifies the likely area of 
 effect of the cell-site simulator to be 
 used and the time that the cell-site 
 simulator will be in operation;
 ``
            (III) certifies that the 
 requested area of effect and time of 
 operation are the narrowest reasonably 
 possible to obtain the necessary 
 information; and
 ``
            (IV) demonstrates that the 
 requested use of a cell-site simulator 
 would be in compliance with applicable 
 provisions of the Communications Act of 
 1934 (47 U.S.C. 151 et seq.) and the 
 rules of the Federal Communications 
 Commission.
 ``
            (iii) Considerations.--In considering an 
 application for a warrant described in clause
            (i) , the court shall--
 ``
            (I) weigh the need of the 
 government to enforce the law and 
 apprehend criminals against the 
 likelihood and impact of any potential 
 negative side effects disclosed by the 
 government under subparagraph
            (C) ; and
 ``
            (II) not grant a request for a 
 warrant that would put public safety at 
 risk or unreasonably inconvenience the 
 community.
 ``
            (iv) Period of initial authorization.--No 
 warrant described in clause
            (i) may authorize 
 the use of a cell site simulator for any period 
 longer than is necessary to achieve the 
 objective of the authorization, nor in any 
 event for longer than 30 days.
 ``
            (v) Extensions.--
 ``
            (I) In general.--A court may 
 grant extensions of a warrant described 
 in clause
            (i) , but only upon 
 application for an extension made in 
 accordance with clause
            (i) and the 
 court considering the factors described 
 in clause
            (iii) and determining the 
 requirements under clause
            (ii) are met.
 ``
            (II) Period of extension.--The 
 period of an extension of a warrant 
 shall be no longer than the authorizing 
 judge determines necessary to achieve 
 the purposes for which the extension 
 was granted, nor in any event for 
 longer than 30 days.
 ``
            (vi) Termination provision.--Each warrant 
 described in clause
            (i) , and each extension 
 thereof, shall contain a provision that the 
 authorization to use the cell site simulator 
 shall be executed as soon as practicable and 
 shall terminate upon attainment of the 
 authorized objective, or in any event in 30 
 days.
 ``
            (vii) Start of 30-day periods.--The 30-
 day periods described in clauses
            (iv) ,
            (v) 
            (II) , 
 and
            (vi) shall begin on the earlier of--
 ``
            (I) the date on which a law 
 enforcement agency first begins to use 
 the cell site simulator as authorized 
 by the warrant, or extension thereof; 
 or
 ``
            (II) the date that is 10 days 
 after the warrant, or extension 
 thereof, is issued.
 ``
        (B) Emergency.--
 ``
            (i) In general.--Subject to clause
            (ii) , 
 subsection

    (a)

    (1) shall not apply to the use of 
 a cell-site simulator by a law enforcement 
 agency of a governmental entity, or use of a 
 cell-site simulator as part of assistance 
 provided by a component of the Department of 
 Defense or an Armed Force to such a law 
 enforcement agency, if--
 ``
            (I) the governmental entity 
 reasonably determines an emergency 
 exists that--
 ``

    (aa) involves--

 ``

    (AA) immediate 
 danger of death or 
 serious physical injury 
 to any person;

 ``

    (BB) conspiratorial 
 activities 
 characteristic of 
 organized crime; or

 ``
            (CC) an immediate 
 threat to a national 
 security interest; and

 ``

    (bb) requires use of a 
 cell-site simulator before a 
 warrant described in 
 subparagraph
        (A) can, with due 
 diligence, be obtained; and
 ``
            (II) except in an instance in 
 which the governmental entity is trying 
 to locate a lost or missing person, 
 locate someone believed to have been 
 abducted or kidnapped, or find victims, 
 dead or alive, in an area where a 
 natural disaster, terrorist attack, or 
 other mass casualty event has taken 
 place--
 ``

    (aa) there are grounds 
 upon which a warrant described 
 in subparagraph
        (A) could be 
 entered to authorize such use; 
 and
 ``

    (bb) the governmental 
 entity applies for a warrant 
 described in subparagraph
        (A) approving such use not later 
 than 48 hours after such use 
 begins, and takes such steps to 
 expedite the consideration of 
 such application as may be 
 possible.
 ``
            (ii) Termination of emergency use.--
 ``
            (I) In general.--A law 
 enforcement agency of a governmental 
 entity shall immediately terminate use 
 of a cell-site simulator under clause
            (i) of this subparagraph at the earlier 
 of the time the information sought is 
 obtained or the time the application 
 for a warrant described in subparagraph
        (A) is denied.
 ``
            (II) Warrant denied.--If an 
 application for a warrant described in 
 clause
            (i) 
            (II) (bb) is denied--
 ``

    (aa) any information or 
 evidence derived from use of 
 the cell-site simulator shall 
 be--

 ``

    (AA) subject to 
 subsection
            (c) ; and

 ``

    (BB) promptly 
 destroyed by the 
 applicable law 
 enforcement agency; and

 ``

    (bb) the applicable law 
 enforcement agency shall serve 
 an inventory on each person 
 named in the application.
 ``
            (C) Disclosures required in application.--In any 
 application for a warrant authorizing the use of a 
 cell-site simulator under subparagraph
        (A) or
        (B) , the 
 governmental entity shall include the following:
 ``
            (i) A disclosure of any potential 
 disruption of the ability of the subject of the 
 surveillance or bystanders to use commercial 
 mobile radio services or private mobile 
 services, including using advanced 
 communications services, to make or receive, as 
 applicable--
 ``
            (I) emergency calls (including 9-
 1-1 calls);
 ``
            (II) calls to the universal 
 telephone number within the United 
 States for the purpose of the national 
 suicide prevention and mental health 
 crisis hotline system designated under 
 paragraph

    (4) of 

section 251

    (e) of the 
 Communications Act of 1934 (47 U.S.C. 
 251

    (e) );
 ``
            (III) calls to the nationwide 
 toll-free number for the poison control 
 centers established under 

section 1271 
 of the Public Health Service Act (42 
 U.S.C. 300d-71);
 ``
            (IV) calls using 
 telecommunications relay services; or
 ``
            (V) any other communications or 
 transmissions.
 ``
            (ii) A certification that the specific 
 model of the cell-site simulator to be used has 
 been inspected by a third party that is an 
 accredited testing laboratory recognized by the 
 Federal Communications Commission to verify the 
 accuracy of the disclosure under clause
            (i) .
 ``
            (iii) A disclosure of the methods and 
 precautions that will be used to minimize 
 disruption, including--
 ``
            (I) any limit on the length of 
 time the cell-site simulator can be in 
 continuous operation; and
 ``
            (II) any user-defined limit on 
 the transmission range of the cell-site 
 simulator.
 ``
            (iv) A disclosure as to whether the cell-
 site simulator will primarily be used at a 
 gathering where constitutionally protected 
 activity, including speech, will occur.
 ``
            (D) Notice.--
 ``
            (i) In general.--Within a reasonable 
 time, but, subject to clause
            (ii) , not later 
 than 90 days after the filing of an application 
 for a warrant authorizing the use of a cell-
 site simulator which is denied or the 
 termination of the period of such a warrant, or 
 extensions thereof, the issuing or denying 
 judge shall cause to be served on the persons 
 named in the warrant or the application, and, 
 as the judge may determine, in the discretion 
 of the judge, is in the interest of justice, 
 other persons about whose devices the 
 government obtained information with the cell 
 site simulator, an inventory which shall 
 include notice of--
 ``
            (I) the fact of the entry of the 
 warrant or the application;
 ``
            (II) the date of the entry and 
 the period of authorized, approved or 
 disapproved use of a cell-site 
 simulator, or the denial of the 
 application; and
 ``
            (III) whether, during the 
 period--
 ``

    (aa) information about 
 their device was, or was not, 
 obtained by the government;
 ``

    (bb) their location was, 
 or was not, tracked; and
 ``
            (cc) their communications 
 were, or were not, intercepted.
 ``
            (ii) Delay of notice.--On an ex parte 
 showing of good cause to a court of competent 
 jurisdiction, the serving of the inventory 
 required under clause
            (i) may be postponed.
 ``

    (2) Foreign intelligence surveillance.--Use of a cell-
 site simulator by an element of the intelligence community 
 shall not be subject to subsection

    (a)

    (1) if it is conducted in 
 a manner that is in accordance with--
 ``
        (A) title I of the Foreign Intelligence 
 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
 (including testing or training authorized under 
 paragraph

    (1) or

    (3) of 

section 105

    (g) of such Act (50 
 U.S.C. 1805

    (g) ) (including such testing or training 
 conducted in conjunction with a component of the 
 Department of Defense or an Armed Force), if any 
 information obtained during such testing or training 
 (including metadata) is destroyed after its use for 
 such testing or training); or
 ``
        (B) section 704
            (c) (1)
        (E) of such Act (50 U.S.C. 
 1881c
            (c) (1)
        (E) ).
 ``

    (3) Research.--Subsection

    (a)

    (1) shall not apply to the 
 use of a cell-site simulator in order to engage, in good-faith, 
 in research or teaching by a person that is not--
 ``
        (A) a law enforcement agency of a governmental 
 entity;
 ``
        (B) an element of the intelligence community; or
 ``
            (C) acting as an agent thereof.
 ``

    (4) Protective services.--
 ``
        (A) In general.--Subsection

    (a)

    (1) shall not 
 apply to the use of a cell-site simulator in the 
 performance of protective duties pursuant to 

section 3056 of this title, or as otherwise authorized by law.
 ``
        (B) Prohibition on use as evidence.--No 
 information acquired through the use of a cell-site 
 simulator under the authority under subparagraph
        (A) , 
 and no evidence derived therefrom, may be received in 
 evidence in any trial, hearing, or other proceeding in 
 or before any court, grand jury, department, officer, 
 agency, regulatory body, legislative committee, or 
 other authority of the United States, a State, or a 
 political subdivision thereof.
 ``
            (C) No bar to other authorized use.--Nothing in 
 subparagraph
        (A) or
        (B) shall be construed to prohibit 
 the United States Secret Service from using a cell-site 
 simulator in accordance with a provision of this 
 section other than subparagraph
        (A) .
 ``

    (5) Contraband interdiction by correctional facilities.--
 Subsection

    (a)

    (1) shall not apply to the use of a contraband 
 interdiction system if the correctional facility or the entity 
 operating the contraband interdiction system for the benefit of 
 the correctional facility--
 ``
        (A) has--
 ``
            (i) taken reasonable steps to restrict 
 transmissions by the contraband interdiction 
 system to cellular devices physically located 
 within the property of the correctional 
 facility;
 ``
            (ii) posted signs around the correctional 
 facility informing visitors and staff that the 
 correctional facility employs such a contraband 
 interdiction system; and
 ``
            (iii) complied with any relevant 
 regulations promulgated by the Federal 
 Communications Commission and, as applicable, 
 policies issued by the National 
 Telecommunications and Information 
 Administration;
 ``
        (B) annually tests and evaluates compliance with 
 subparagraph
        (A) in accordance with best practices, 
 which shall be issued by the Federal Communications 
 Commission; and
 ``
            (C) not later than 10 business days after 
 identifying an issue relating to the use of the 
 contraband interdiction system, whether in the course 
 of normal business operations or conducting testing and 
 evaluation, submits to the Federal Communications 
 Commission a report describing the issues identified 
 and the steps taken to address the issues.
 ``

    (6) Testing and training by law enforcement.--Subsection

    (a)

    (1) shall not apply to the use of a cell-site simulator by a 
 law enforcement agency of a governmental entity in the normal 
 course of official duties that is not targeted against the 
 communications of any particular person or persons, under 
 procedures approved by the Attorney General, solely to--
 ``
        (A) test the capability of electronic equipment, 
 if--
 ``
            (i) it is not reasonable to obtain the 
 consent of the persons incidentally subjected 
 to the surveillance;
 ``
            (ii) the test is limited in extent and 
 duration to that necessary to determine to 
 capability of the equipment;
 ``
            (iii) any information obtained during 
 such testing (including metadata) is retained 
 and used only for the purpose of determining 
 the capability of the equipment, is disclosed 
 only to test personnel, and is destroyed before 
 or immediately upon completion of the test; and
 ``
            (iv) the test is for a period of not 
 longer than 90 days, unless the law enforcement 
 agency obtains the prior approval of the 
 Attorney General; or
 ``
        (B) train law enforcement personnel in the use of 
 electronic surveillance equipment, if--
 ``
            (i) it is not reasonable to--
 ``
            (I) obtain the consent of the 
 persons incidentally subjected to the 
 surveillance;
 ``
            (II) train persons in the course 
 of otherwise authorized law enforcement 
 activities; or
 ``
            (III) train persons in the use of 
 such equipment without engaging in 
 surveillance;
 ``
            (ii) such surveillance is limited in 
 extent and duration to that necessary to train 
 the personnel in the use of the equipment; and
 ``
            (iii) any information obtained during 
 such training (including metadata) is destroyed 
 after its use for such training.
 ``

    (7) FCC testing.--Subsection

    (a)

    (1) shall not apply to 
 the use of a cell-site simulator by the Federal Communications 
 Commission, or an accredited testing laboratory recognized by 
 the Federal Communications Commission, in order to test the 
 cell-site simulator.
 ``

    (8) Rule of construction.--Nothing in this subsection 
 shall be construed to exempt a State or local government from 
 complying with regulations promulgated by the Federal 
 Communications Commission, including the requirement to obtain 
 authorization to transmit on spectrum regulated by the Federal 
 Communications Commission.
 ``

    (e) Limit on Certain Use Not Conducted Pursuant to Warrants and 
Orders.--The use of a cell-site simulator under subsection
            (d) (1)
        (B) of 
this section (which shall not include such a use by a component of the 
Department of Defense or an Armed Force providing assistance to a law 
enforcement agency of a governmental entity under such subsection
            (d) (1)
        (B) ), under 

section 105

    (e) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1805

    (e) ), or under clause
            (i) or
            (ii) of 

section 102

    (a)

    (1)
        (A) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1802

    (a)

    (1)
        (A) ) may only be carried out lawfully 
using a specific model of a cell-site simulator for which the 
disclosures required under clauses
            (i) and
            (ii) of subsection
            (d) (1)
            (C) were included with respect to the specific model in connection with--
 ``

    (1) for use by an element of the intelligence community 
 under title I of the Foreign Intelligence Surveillance Act of 
 1978 (50 U.S.C. 1801 et seq.), an application for an order 
 under such Act that was approved; or
 ``

    (2) for use by a law enforcement agency of a governmental 
 entity, an application for a warrant--
 ``
        (A) under the Federal Rules of Criminal Procedure 
 that was approved by a judge of the judicial district 
 in which the law enforcement agency intends to use the 
 cell-site simulator; or
 ``
        (B) using State warrant procedures that was 
 approved by a judge of the State in which the law 
 enforcement agency intends to use the cell-site 
 simulator.
 ``

    (f) Minimization.--
 ``

    (1) In general.--The Attorney General shall adopt 
 specific procedures that are reasonably designed to minimize 
 the acquisition and retention, and prohibit the dissemination, 
 of information obtained through the use of a cell-site 
 simulator under an exception under paragraph

    (1) or

    (2) of 
 subsection
            (d) that pertains to any person who is not an 
 authorized subject of the use.
 ``

    (2) Publication.--The Attorney General shall make 
 publicly available on the website of the Department of Justice 
 the procedures adopted under paragraph

    (1) and any revisions to 
 such procedures.
 ``

    (3) Use by agencies.--If a law enforcement agency of a 
 governmental entity or element of the intelligence community 
 acquires information pertaining to a person who is not an 
 authorized subject of the use of a cell-site simulator under an 
 exception under paragraph

    (1) or

    (2) of subsection
            (d) , the law 
 enforcement agency or element of the intelligence community 
 shall--
 ``
        (A) minimize the acquisition and retention, and 
 prohibit the dissemination, of the information in 
 accordance with the procedures adopted under paragraph

    (1) ; and
 ``
        (B) destroy the information (including metadata) 
 at the earliest possible opportunity.
 ``

    (g) Disclosure to Defendant.--Any information acquired through 
the operation of a cell-site simulator, or derived from such 
information, shall be disclosed to the defendant in any action in which 
the information is introduced into evidence.
 ``

    (h) Scope of Collection.--
 ``

    (1) Authorized use.--Information collected under this 
 section may only include information identifying nearby 
 electronic devices communicating with the cell-site simulator 
 and the strength and direction of transmissions from those 
 electronic devices.
 ``

    (2) Compliance with wiretapping requirements to obtain 
 contents.--In the case of any interception of a wire or 
 electronic communication by the cell-site simulator--
 ``
        (A) with respect to an interception by a law 
 enforcement agency of a governmental entity, the 
 provisions of chapter 119 shall apply in addition to 
 the provisions of this section; and
 ``
        (B) with respect to an interception by an element 
 of the intelligence community, the element of the 
 intelligence community may only conduct the 
 surveillance using the cell-site simulator in 
 accordance with an order authorizing the use issued in 
 accordance with title I of the Foreign Intelligence 
 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), in 
 addition to complying with the provisions of this 
 section.
 ``

    (3) Compliance with tracking device requirements.--
 ``
        (A) In general.--If a cell-site simulator is to 
 be used by a law enforcement agency of a governmental 
 entity to locate or track the movement of a person or 
 object, the provisions of 

section 3117 and rule 41 of 
 the Federal Rules of Criminal Procedure shall apply in 
 addition to the provisions of this section.
 ``
        (B) Court.--For purposes of applying 

section 3117 
 and rule 41 of the Federal Rules of Criminal Procedure 
 to the use of a cell-site simulator, a court may 
 authorize such use within the jurisdiction of the 
 court, and outside that jurisdiction if--
 ``
            (i) the use commences within that 
 jurisdiction; or
 ``
            (ii) at the time the application is 
 presented to the court, the governmental entity 
 certifies that it has probable cause to believe 
 that the target is physically located within 
 that jurisdiction.
 ``
            (i) Civil Action.--Any person subject to an unlawful operation of 
a cell-site simulator may bring a civil action for appropriate relief 
(including declaratory and injunctive relief, actual damages, statutory 
damages of not more than $500 for each violation, and attorney fees) 
against the person, including a governmental entity, that conducted 
that unlawful operation before a court of competent jurisdiction.
 ``

    (j) Administrative Discipline.--If a court or appropriate 
department or agency determines that the United States or any of its 
departments or agencies has violated any provision of this section, and 
the court or appropriate department or agency finds that the 
circumstances surrounding the violation raise serious questions about 
whether or not an officer or employee of the United States acted 
willfully or intentionally with respect to the violation, the 
department or agency shall, upon receipt of a true and correct copy of 
the decision and findings of the court or appropriate department or 
agency promptly initiate a proceeding to determine whether disciplinary 
action against the officer or employee is warranted. If the head of the 
department or agency involved determines that disciplinary action is 
not warranted, he or she shall notify the Inspector General with 
jurisdiction over the department or agency concerned and shall provide 
the Inspector General with the reasons for such determination.
 ``

    (k) 

=== Definitions. ===
-As used in this section--
 ``

    (1) the terms defined in 

section 2711 have, respectively, 
 the definitions given such terms in that section;
 ``

    (2) the term `advanced communications services' has the 
 meaning given that term in 

section 3 of the Communications Act 
 of 1934 (47 U.S.C. 153);
 ``

    (3) the term `cell-site simulator' means any device that 
 functions as or simulates a base station for commercial mobile 
 services or private mobile services in order to identify, 
 locate, or intercept transmissions from cellular devices for 
 purposes other than providing ordinary commercial mobile 
 services or private mobile services;
 ``

    (4) the term `commercial mobile radio service' has the 
 meaning given that term in 

section 20.3 of title 47, Code of 
 Federal Regulations, or any successor thereto;
 ``

    (5) the term `contraband interdiction system' means any 
 device that functions as or simulates a base station for 
 commercial mobile services or private mobile services for 
 purposes of identifying, locating, or intercepting 
 transmissions from contraband cellular devices in correctional 
 facilities;
 ``

    (6) the term `derived' means, with respect to information 
 or evidence, that the government would not have originally 
 possessed the information or evidence but for the use of a 
 cell-site simulator, and regardless of any claim that the 
 information or evidence is attenuated from the surveillance 
 would inevitably have been discovered, or was subsequently 
 reobtained through other means;
 ``

    (7) the term `electronic communication' has the meaning 
 given that term in 

section 2510;
 ``

    (8) the term `electronic device' has the meaning given 
 the term `computer' in 

section 1030

    (e) ;
 ``

    (9) the term `emergency call' has the meaning given that 
 term in 

section 6001 of the Middle Class Tax Relief and Job 
 Creation Act of 2012 (47 U.S.C. 1401);
 ``

    (10) the term `intelligence community' has the meaning 
 given that term in 

section 3 of the National Security Act of 
 1947 (50 U.S.C. 3003);
 ``

    (11) the term `mitigation' means the deletion of all 
 information collected about a person who is not the subject of 
 the warrant or investigation;
 ``

    (12) the term `private mobile service' has the meaning 
 given that term in 

section 332 of the Communications Act of 
 1934 (47 U.S.C. 332);
 ``

    (13) the term `telecommunications relay service' has the 
 meaning given that term in 

section 225 of the Communications 
 Act of 1934 (47 U.S.C. 225); and
 ``

    (14) the term `United States person' has the meaning 
 given that term in 

section 101 of the Foreign Intelligence 
 Surveillance Act of 1978 (50 U.S.C. 1801).''.

    (b) Foreign Intelligence Surveillance Act of 1978 Requirements.--
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) is amended--

    (1) in 

section 101 (50 U.S.C. 1801), by adding at the end 
 the following:
 ``

    (q) `Cell-site simulator' has the meaning given that term in 

section 3119 of title 18, United States Code.'';

    (2) in 

section 102

    (a) (50 U.S.C. 1802

    (a) ), by adding at the 
 end the following:
 ``

    (5) The Government may only use a cell-site simulator pursuant to 
the authority under clause
            (i) or
            (ii) of paragraph

    (1)
        (A) without 
obtaining an order under this title authorizing such use if the 
Government has implemented measures that are reasonably likely to limit 
the collection activities to--
 ``
        (A) means of communications used exclusively between or 
 among foreign powers, as defined in paragraph

    (1) ,

    (2) , or

    (3) of 

section 101

    (a) ; or
 ``
        (B) property or premises under the open and exclusive 
 control of a foreign power, as defined in paragraph

    (1) ,

    (2) , 
 or

    (3) of 

section 101

    (a) .'';

    (3) in 

section 105 (50 U.S.C. 1805), by adding at the end 
 the following:
 ``

    (k)

    (1) A judge having jurisdiction under 

section 103 may issue an 
order under this section that authorizes the use of a cell-site 
simulator only if the applicant--
 ``
        (A) demonstrates that other investigative procedures, 
 including electronic location tracking methods that solely 
 collect records of the investigative target--
 ``
            (i) have been tried and have failed; or
 ``
            (ii) reasonably appear to be--
 ``
            (I) unlikely to succeed if tried; or
 ``
            (II) too dangerous;
 ``
        (B) specifies the likely area of effect of the cell-site 
 simulator to be used and the time that the cell-site simulator 
 will be in operation;
 ``
            (C) certifies that the requested area of effect and time 
 of operation are the narrowest reasonably possible to obtain 
 the necessary information; and
 ``
            (D) demonstrates that the requested use of a cell-site 
 simulator would be in compliance with applicable provisions of 
 the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the 
 rules of the Federal Communications Commission.
 ``

    (2) In any application for an order under this section 
authorizing the use of a cell-site simulator, the applicant shall 
include the following:
 ``
        (A) A disclosure of any potential disruption of the 
 ability of the subject of the surveillance or bystanders to use 
 commercial mobile radio services or private mobile services, 
 including using advanced communications services, to make or 
 receive, as applicable--
 ``
            (i) emergency calls (including 9-1-1 calls);
 ``
            (ii) calls to the universal telephone number 
 within the United States for the purpose of the 
 national suicide prevention and mental health crisis 
 hotline system under designated under paragraph

    (4) of 
 

section 251

    (e) of the Communications Act of 1934 (47 
 U.S.C. 251

    (e) );
 ``
            (iii) calls to the nationwide toll-free number 
 for the poison control centers established under 
 

section 1271 of the Public Health Service Act (42 
 U.S.C. 300d-71);
 ``
            (iv) calls using telecommunications relay 
 services; or
 ``
            (v) any other communications or transmissions.
 ``
        (B) A certification that the specific model of the cell-
 site simulator to be used has been inspected by a third party 
 that is an accredited testing laboratory recognized by the 
 Federal Communications Commission to verify the accuracy of the 
 disclosure under subparagraph
        (A) .
 ``
            (C) A disclosure of the methods and precautions that will 
 be used to minimize disruption, including--
 ``
            (i) any limit on the length of time the cell-site 
 simulator can be in continuous operation; and
 ``
            (ii) any user-defined limit on the transmission 
 range of the cell-site simulator.
 ``
            (D) A disclosure as to whether the cell-site simulator 
 will primarily be used at a gathering where constitutionally 
 protected activity, including speech, will occur.
 ``

    (3) In considering an application for an order under this section 
that authorizes the use of a cell-site simulator, the court shall--
 ``
        (A) weigh the need of the Government to obtain the 
 information sought against the likelihood and impact of any 
 potential negative side effects disclosed by the Government 
 under paragraph

    (2) ; and
 ``
        (B) not grant a request for an order that would put 
 public safety at risk or unreasonably inconvenience the 
 community.''; and

    (4) in 

section 704
            (c) (1) (50 U.S.C. 1881c
            (c) (1) )--
        (A) in subparagraph
            (C) , by striking ``and'' at the 
 end;
        (B) in subparagraph
            (D) , by striking the period at 
 the end and inserting ``; and''; and
            (C) by adding at the end the following:
 ``
        (E) if the applicant is seeking to use a cell-
 site simulator (as defined in 

section 101), the 
 requirements that would apply for the use of a cell-
 site simulator in the United States under 

section 105

    (k) have been satisfied.''.
            (c) Conforming Amendment.--

Section 3127 of title 18, United States 
Code, is amended--

    (1) in paragraph

    (3) by striking ``but such term does not 
 include any'' and inserting ``except such term does not include 
 any cell-site simulator, as that term is defined in 

section 3119, or''; and

    (2) in paragraph

    (4) by striking ``of any communication'' 
 and inserting ``of any communication, except such term does not 
 include any cell-site simulator, as that term is defined in 
 

section 3119''.
            (d) Inspector General Reports.--

    (1) === Definition. ===
-In this subsection, the term ``covered 
 Federal entity'' means--
        (A) a law enforcement agency of a department or 
 agency of the Federal Government; and
        (B) an element of the intelligence community (as 
 defined in 

section 3 of the National Security Act of 
 1947 (50 U.S.C. 3003)).

    (2) Reports.--The Inspector General of the Department of 
 Justice, the Inspector General of the Department of Homeland 
 Security, the Inspector General of the Department of Defense, 
 and the Inspector General of the Intelligence Community shall 
 annually submit to Congress a joint report, and publish an 
 unclassified version of the report on the website of each such 
 inspector general, on--
        (A) the overall compliance of covered Federal 
 entities with this Act and the amendments made by this 
 Act;
        (B) the number of applications by covered Federal 
 entities for use of a cell-site simulator that were 
 applied for and the number that were granted;
            (C) the number of emergency uses of a cell-site 
 simulator under 

section 3119
            (d) (1)
        (B) of title 18, 
 United States Code, as added by this Act;
            (D) the number of such emergency uses for which a 
 court subsequently issued a warrant authorizing the use 
 and the number of such emergency uses in which an 
 application for a warrant was denied;
        (E) the number of devices that were targeted with a 
 cell-site simulator, which shall be provided separately 
 for targeting conducted pursuant to a warrant or court 
 order and targeting conducted pursuant to an authority 
 to use a cell-site simulator without a warrant or 
 order;
        (F) the number of devices that were not the target 
 of the use of a cell-site simulator about which 
 information was obtained with the cell-site simulator, 
 which shall--
            (i) be provided separately for use 
 conducted pursuant to a warrant or court order 
 and use conducted pursuant to an authority to 
 use a cell-site simulator without a warrant or 
 order; and
            (ii) include the number of such devices 
 about which the information was not destroyed 
 as a result of the minimization requirements 
 under 

section 3119

    (f) of title 18, United 
 States Code, as added by this section, which 
 shall be provided separately for use conducted 
 pursuant to a warrant or court order and use 
 conducted pursuant to an authority to use a 
 cell-site simulator without a warrant or order;
        (G) which components of a law enforcement agency of 
 a department or agency of the Federal Government are 
 using cell-site simulators and how many are available 
 to that component; and
        (H) instances in which a law enforcement agency of 
 a department or agency of the Federal Government made 
 cell-site simulators available to a State or unit of 
 local government.

    (3) Form of reports.--Each report submitted under paragraph

    (2) shall be submitted in unclassified form, but may include a 
 classified annex.

    (e) FCC Regulations.--

    (1) In general.--Not later than 180 days after the date of 
 enactment of this Act, the Federal Communications Commission 
 shall initiate any proceeding that may be necessary to 
 promulgate or modify regulations promulgated by the Federal 
 Communications Commission to implement this Act and the 
 amendments made by this Act.

    (2) Construction.--Nothing in this Act or an amendment made 
 by this Act shall be construed to expand or contract the 
 authority of the Federal Communications Commission.

    (f) Effective Date.--

    (1) In general.--Except as provided in paragraph

    (2) , 
 subsections

    (a) ,

    (b) ,
            (c) , and
            (d) of this section, and the 
 amendments made by such subsections, shall apply on and after 
 the date that is 2 years after the date of enactment of this 
 Act.

    (2) Exceptions.--
        (A) === Definition. ===
-In this paragraph, the term 
 ``cell-site simulator'' has the meaning given that term 
 in 

section 3119 of title 18, United States Code, as 
 added by subsection

    (a) .
        (B) Extension for existing cell-site simulators.--
 For any model of a cell-site simulator in use before 
 the date of enactment of this Act, including such use 
 in a contraband interdiction system at a correctional 
 facility, if the Attorney General certifies that 
 additional time is necessary to obtain independent 
 tests of the model of cell-site simulator, subsections

    (a) ,

    (b) ,
            (c) , and
            (d) of this section, and the 
 amendments made by such subsections, shall apply to the 
 use of the model of cell-site simulator on and after 
 the date that is 3 years after the date of enactment of 
 this Act.
 <all>